Winterer v. United States

1 FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON Aug 29, 2024 3 SEAN F. MCAVOY, CLERK

5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON JARED ANTHONY WINTERER, NO: 2:24-CV-00214-RMP 8 Plaintiff, ORDER DISMISSING ACTION FOR 9 v. FAILURE TO COMPLY WITH FILING FEE REQUIREMENTS UNITED STATES, 11 Defendant.

13 By Order filed July 25, 2042, the Court directed Plaintiff Jared Anthony Winterer, a pro se prisoner at the Washington Corrections Center in Shelton, Washington, to submit a completed Declaration and Application to Proceed In Forma Pauperis, along with a certified copy of his six-month inmate trust account statement (or institutional equivalent) for the period immediately preceding June 20, 2024, within thirty days of the date of that Order. ECF No. 4 at 2. In the alternative, Plaintiff was advised that he could pay the full $405.00 filing fee. Id. 20 The Court cautioned Plaintiff that his failure to comply with either option would result in the dismissal of this case. Id. Plaintiff has neither paid the filing fee nor submitted the documents necessary to proceed in forma pauperis by the due date of August 26, 2024.

3 Parties filing actions in the United States District Court are required to pay filing fees. 28 U.S.C. § 1914(a). An action may proceed without the immediate payment of a filing fee only upon granting of in forma pauperis status. See 28 6 U.S.C. § 1915. Failure to pay the statutory filing fee will result in dismissal of these actions without prejudice. See Olivares v. Marshall, 59 F.3d 109, 112 (9th Cir. 1995) (district court has authority to dismiss without prejudice prisoner complaint for failure to pay partial filing fee); In re Perroton, 958 F.2d 889, 890 (9th Cir. 1992) (affirming dismissal of appeal of pro se litigant for failure to pay required filing fees).

12 Accordingly, IT IS ORDERED that this action is DISMISSED without prejudice for failing to pay the filing fee or filing a properly completed Application to Proceed In Forma Pauperis pursuant to 28 U.S.C. §§ 1914(a) and 1915(a).

15 IT IS SO ORDERED. The District Court Clerk is directed to enter this Order, enter judgment, forward copies to Plaintiff at the address provided, and CLOSE the file. The Court certifies that an appeal of this Order could not be taken in good faith.

19 DATED August 29, 2024.

20 s/ Rosanna Malouf Peterson ROSANNA MALOUF PETERSON 21 Senior United States District Judge